Difference between revisions of "Interim Applications in Family Matters"
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Interim Applications in Family Matters (view source)
Revision as of 05:10, 26 February 2013
, 05:10, 26 February 2013→The Provincial Family Court
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The principle Rules of Court which relate to these documents and the application process are: | The principle Rules of Court which relate to these documents and the application process are: | ||
*Rule 1: definitions | |||
*Rule 5: court procedures for registries designated as "family justice registries" | *Rule 5: court procedures for registries designated as "family justice registries" | ||
*Rule 12: interim applications | *Rule 12: interim applications | ||
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*Rule 20: general rules about court procedures | *Rule 20: general rules about court procedures | ||
*Rule 21: parenting after separation programs | *Rule 21: parenting after separation programs | ||
A ''registry'' means a particular courthouse of the Provincial Court. | |||
===When an Application can be Brought=== | ===When an Application can be Brought=== | ||
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Generally speaking, interim applications are only brought after the Respondent has had a chance to file his or her Reply to the Applicant's Application to Obtain an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, such as might be the case if the Respondent was threatening to leave the country with the children. | Generally speaking, interim applications are only brought after the Respondent has had a chance to file his or her Reply to the Applicant's Application to Obtain an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, such as might be the case if the Respondent was threatening to leave the country with the children. | ||
The precise rules about when an application can be brought depend on whether or not the registry your court proceeding is in is a registry subject to the Parenting After Separation program under Rule 21 and, if so, whether it is also a family justice registry subject to Rule 5. The court clerk will tell you whether or not your registry is a family justice registry. | The precise rules about when an application can be brought depend on whether or not the registry your court proceeding is in is a registry subject to the Parenting After Separation program under Rule 21 and, if so, whether it is also a family justice registry subject to Rule 5. The court clerk will tell you whether or not your registry is a designated registry for Parenting After Separation program and whether it is also a family justice registry. | ||
====Family Justice Registries==== | |||
Rule 5 of the Provincial Court Family Rules applies to those registries of the Provincial Court that have been designated as family justice registries. Under that rule, the parties to a court proceeding are required to jump through a number of hoops before they can first appear in court: | |||
Rule 5 | #Rule 5(3) requires the court clerk to refer the parties to a family justice counsellor before the clerk can schedule the parties' first appearance in court; | ||
#Rule 5(4) requires the parties to each meet separately with a family justice counsellor, who may refer the parties to other services or may try to mediate a resolution to the parties' dispute; | |||
#Rule 5(6) says that the parties to a court proceeding cannot meet with a judge until they have met with a family justice counsellor; and, | |||
#Rule 5(8) sets out some exceptions to the rule that may allows a party to ask a judge for to be exempted from all or part of the rule. | |||
Registries designated as family justice registries must also apply Rule 21, the Parenting After Separation rule, where the court proceeding involves orders about the care of children or child support. Rule 21 sets out yet more hoops to jump through, however the Parenting After Separation program is | |||
STOPPED. | |||
*Rule 21(8) says that the registry cannot set a first appearance until one or both parties have filed a certificate of attendance at a Parenting After Separation program. | *Rule 21(8) says that the registry cannot set a first appearance until one or both parties have filed a certificate of attendance at a Parenting After Separation program. | ||
